By: E.A. Putman
After a relationship ends, many hope to escape the drama that contributed to its failure. However, if there are minor children and a court order, this is just the beginning. You might find yourself back in court to modify that order.
As we celebrate the freedom holidays, consider ways to free yourself from unnecessary drama by avoiding common pitfalls in family law litigation.
CHILD SUPPORT: THE INFORMAL PAYMENT AGREEMENT
Problem: The non-custodial parent has been using CashApp or Zelle for child support payments but often misses deadlines, sometimes going months without paying. Sometimes he/ she even goes months without paying…because they can.
Solution: Income withholding order. An income withholding order allows for an automatic deduction of the necessary child support payments directly from the non-custodial parent’s income. People often avoid income withholding orders because they feel secure in their relationship with the other parent. However, this can be unwise, as difficulties may arise later. An income withholding order not only offers peace of mind but also helps to eliminate any potential stress related to missed or late payments.
Legally: Texas Family Code Section 158.001 mandates that income withholding orders must be issued in all cases involving recurring child support. There is a narrow exception stating, “except in a Title IV-D case, the court may provide, for good cause shown or upon agreement of the parties, that the order to withhold income need not be issued or delivered to an employer.”
CHILD VISITATION: THE “(S)/HE NOT LETTING ME SEE MY KIDS”
Problem: The other parent often ignores the custody schedule set by the court, which clearly outlines when each parent is supposed to spend time with the kids. This regularly results in frustrating scenarios where, during a parent’s designated time to pick up the children, the other parent might claim they are ‘running late’ or ‘forgot it was your weekend.’
Solution: To mitigate this conflict and ensure a smoother transition for the children, consider electing for the Expanded Possession Order. You can choose to pick up the kids directly after school dismisses for the weekend instead of at the primary parents residence. This approach not only aligns with the school schedule but also minimizes the opportunity for misunderstandings or last-minute excuses from the other parent.
Legally: Texas Family Code § 153.3171 establishes possession schedules for parents who live within 50 miles of each other, aiming to increase the time non-custodial parents spend with their children. This law allows for Thursday and Sunday overnight visits in addition to the traditional Friday and Saturday overnight stays during the school year. Most importantly, it permits the non-custodial parent to pick the children up from daycare or school, which helps to avoid conflicts with the other parent regarding pick-up locations.
The Putman Firm, PLLC is a family law litigation firm that handles a wide array of family matters including divorce, interstate custody, child support, visitation and criminal matters that intersect family law, i.e. family violence assault cases, protective orders (criminal and civil) and allegations of child abuse.
If you are dealing with a family law case, please do not hesitate to reach out to us at (281) 501-9033. You can also schedule a consultation by visiting Your Family Law Attorney.
As we celebrate the freedom holidays, consider ways to free yourself from unnecessary drama by avoiding common pitfalls in family law litigation.
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